34-20B-70. Property subject to forfeiture.
The following are subject to forfeiture pursuant to chapter 23A-49 and no property right exists in them:
(1)All controlled drugs and substances and marijuana which have been manufactured, distributed, dispensed, or acquired in violation of the provisions of this chapter or chapter 22-42;
(2)All raw materials, products, and equipment of any kind which are used or intended for use, in manufacturing, compounding, or processing any controlled drug or substance or marijuana in excess of one-half pound in violation of the provisions of this chapter or chapter 22-42;
(3)All property which is used, or intended for use, as a container for property described in subdivisions (1) and (2);
(4)All conveyances including aircraft, vehicles, or vessels, which are used, or intended for use, to facilitate the unlawful distribution or possession with the intent to distribute marijuana in excess of one-half pound or any quantity of any other property described in subdivision (1) or (2);
(5)All books, records, and research, including formulas, microfilm, tapes, and data which are used, or intended for use, in violation of this chapter;
(6)Any funds or other things of value used for the purposes of unlawfully purchasing, attempting to purchase, distributing, or attempting to distribute any controlled drug or substance in an amount intended for distribution and not for personal use, and marijuana in excess of one-half pound; or
(7)Any assets, interest, profits, income, and proceeds acquired or derived from the unlawful purchase, attempted purchase, distribution, or attempted distribution of any controlled drug or substance in an amount intended for distribution and not for personal use, and marijuana in excess of one-half pound.
Property described in subdivision (1) shall be deemed contraband and shall be summarily forfeited to the state, property described in subdivisions (2), (3), (5), (6), and (7) is subject to forfeiture under the terms of §23A-49-14, and property described in subdivision (4) is subject to forfeiture under the terms of §23A-49-15.
Source: SL 1970, ch 229, §11 (e) (1); SDCL Supp, §39-17-129; SL 1976, ch 158, §§42-19, 42-20; SL 1977, ch 189, §§125, 126; SL 1977, ch 317, §§1 to 3; SL 1982, ch 262, §2; SL 1983, ch 255; SL 1985, ch 279, §1; SL 2016, ch 138, §21; SL 2021, ch 145, § 1.
Structure South Dakota Codified Laws
Title 34 - Public Health and Safety
Chapter 20B - Drugs And Substances Control
Section 34-20B-1 - Definitions.
Section 34-20B-2 - Drug defined.
Section 34-20B-3 - Controlled drug or substance defined.
Section 34-20B-3.1 - Controlled substance analogue.
Section 34-20B-4 - Precursor defined.
Section 34-20B-4.1 - Anabolic steroid defined.
Section 34-20B-10 - Scheduled substances to be controlled--Nomenclature in schedules.
Section 34-20B-11 - Criteria for inclusion of substance in Schedule I.
Section 34-20B-12 - Specific substances included in Schedule I.
Section 34-20B-13 - Opium derivatives and opiates included in Schedule I.
Section 34-20B-14 - Hallucinogenic substances included in Schedule I.
Section 34-20B-15 - Criteria for inclusion of substances in Schedule II.
Section 34-20B-16 - Substances included in Schedule II.
Section 34-20B-17 - Opiates included in Schedule II.
Section 34-20B-18 - Criteria for inclusion of substances in Schedule III.
Section 34-20B-19 - Stimulants specifically included in Schedule III.
Section 34-20B-19.1 - Ephedrine defined.
Section 34-20B-20 - Depressants specifically included in Schedule III.
Section 34-20B-20.1 - Gamma hydroxyl butyrate defined.
Section 34-20B-22 - Specific substances included in Schedule III.
Section 34-20B-23 - Narcotics specifically included in Schedule III.
Section 34-20B-24 - Criteria for inclusion of substances in Schedule IV.
Section 34-20B-25 - Substances included in Schedule IV.
Section 34-20B-26 - Narcotic compounds specifically included in Schedule IV.
Section 34-20B-27 - Recommendations for addition, deletion, or rescheduling of scheduled substances.
Section 34-20B-28 - Substances not subject to control as precursors of precursors.
Section 34-20B-28.1 - Definition of terms applicable to code imprinted drugs.
Section 34-20B-28.2 - Code imprint required.
Section 34-20B-28.3 - Manufacturers' and distributors' identifying listings.
Section 34-20B-28.4 - Exemptions--Granting on appropriate showing--Inclusion in listings.
Section 34-20B-28.5 - Contraband--Seizure and forfeiture.
Section 34-20B-28.6 - Dispensing or sale without code imprint--Misdemeanor.
Section 34-20B-30 - Exemptions from annual registration requirements.
Section 34-20B-32 - Waiver of registration requirement by regulation.
Section 34-20B-33 - Registration of previously registered or licensed establishments.
Section 34-20B-34 - Separate registration required for each place of business or practice.
Section 34-20B-35 - Criteria for registration of manufacturers and distributors.
Section 34-20B-37 - Practitioners registered to dispense Schedule II, III, and IV substances.
Section 34-20B-39 - Inventories and records of controlled substances required of registrants.
Section 34-20B-40 - Inspection of registrant's premises authorized.
Section 34-20B-41 - Promulgation of rules by department--Fees.
Section 34-20B-47 - Intentional use of unauthorized registration number as felony.
Section 34-20B-48 - Intentional falsification or omission of material information as felony.
Section 34-20B-49 - Criminal penalties in addition to civil and administrative penalties.
Section 34-20B-51 - Survival of right of action.
Section 34-20B-52 - Civil action for recovery from unlawful distributor--Limitation of actions.
Section 34-20B-53 - Minor's recovery payable to parent or conservator.
Section 34-20B-54 - Cooperation by department with federal and state agencies.
Section 34-20B-55 - Centralized statistical unit--Availability of information.
Section 34-20B-56 - State agencies to cooperate with department.
Section 34-20B-57 - Exchange of information between governmental officials.
Section 34-20B-58 - County and municipal funds authorized.
Section 34-20B-59 - Use of county and municipal funds to make illegal purchases.
Section 34-20B-60 - Use of county and municipal funds to employ special agents.
Section 34-20B-62 - Attorney general to enforce chapter.
Section 34-20B-63 - Special powers of agents of Division of Criminal Investigation.
Section 34-20B-67 - Peace officers to cooperate with Division of Criminal Investigation.
Section 34-20B-68 - Trial court jurisdiction to enjoin violations.
Section 34-20B-69 - Jury trial of violations of injunction.
Section 34-20B-70 - Property subject to forfeiture.
Section 34-20B-81 - Unlawful substances deemed contraband--Summary forfeiture.
Section 34-20B-90 - Burden of proof as to registration or order form.
Section 34-20B-91 - Enforcement officers exempt from liability.
Section 34-20B-92 - Judicial review of department's decisions--Findings of fact conclusive.
Section 34-20B-100 - Contracts with government agencies or private organizations.
Section 34-20B-113 - Severability of provisions and applications.
Section 34-20B-114 - Citation of chapter.
Section 34-20B-115 - Kratom--Under age--Misdemeanor.
Section 34-20B-116 - State directed opioid trust fund established--Source of funds--Purpose.